Legal Opinion
Affleck v. Wangermann
Texas Supreme Court
Decided February 15, 1900No. 862PublishedCited by 9 opinions
Ebhoe to the Court- of Civil Appeals for the Fourth District, in an appeal from Washington County. The suit was trespass to try title, brought by Wangermann, who claimed the land under a foreclosure sale, against Affleck and wife, who asserted homestead rights in avoidance of the mortgage and sale. On plaintiff’s death his executrix was made a party, and she recovered a judgment from which defendants appealed. The judgment was affirmed and appellee obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
The judge of the trial court before whom the case was tried filed the following conclusions of fact:
“1. That the defendants are man and wife and have a family, and are the common source of title.
“2. That in the year 1870 they owned and occupied as their homestead a tract of land containing 219 acres (in one body) and a woodland tract, which was uninclosed and had no improvements thereon, situated about two miles from the 219-acre tract.
“3. That the defendants occupied and used the 219-acre tract as their homestead from 1870 to June, 1880, when, with a view of selling…
2Cited by9 opinions
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- Riley v. Riley, Texas Court of Appeals, 6th District (Texarkana)1998
- Booth v. H. P. Drought & Co.Court of Appeals of Texas · 1935
- Blomgren v. Van ZandtCourt of Appeals of Texas · 1939
- Wade v. First Nat. Bank of QuinlanCourt of Appeals of Texas · 1924
4 more not listed; retrieve them via the Exa API.